Law: Constitution of Pakistan, 1962

Section: 98

  Constitution of Pakistan (1962), Art. 98-Locus standi of petitioner-Person invoking writ jurisdiction-Must show that he has direct interest in matter-Petition in representative capacity-Not maintainable.   In a petition for writ the first question that the Court has to consider is whether the' petitioner has the locus standi to invoke the extraordinary jurisdiction of the Court, and it is a basic principle that a person seeking judicial review of administrative or quasi-judicial action must show that he has a direct personal interest in the act. An application under Article 98 of the Constitution in a representive capacity is not maintainable.   Where, therefore, the petitioner was a Bus Association and there was no allegation in the petition that the Association had any direct personal interest in the impugned order, it was held, that the petition was not maintainable.   Tariq Transport Company v. The Sargodha-Bhera Bus Service Sargodha P L D 1958 S,C 437 ; Qamar Din v. Zawar Hussain P L D 1964 Lah. 183 and Petition No. 114 of 1964 (unreported) ref.   Constitution of Pakistan (1962), Art. 98-Other remedy open-Whether and when writ jurisdiction can be invoked.   It is a general rule that where a statute creates a right and also provides a machinery for the enforcement of that right, the party complaining of a breach of the statute must first avail himself of the remedy provided by the statute for such breach before he applies for a writ or an order in the nature of a writ. The Law is positive that the parties normally are bound by the remedies created by the statute the breach of which has been complained of by the petitioner. Only in exceptional cases, when the appellate, authority either refuses to hear the case or takes no action thereon, that the parties can come direct to High Court and move for issue of writ under Article 98 of the Constitution. Where, therefore, a petitioner without exhausting his remedy provided by the statute under which he complained had filed a writ petition, it was held that the application in the circumstances would not lie.   Ikram Bus Service and others v. Board of Revenue and others P L D…